Arguing self-defense is a common defense strategy in criminal cases involving physical alterations, such as assault and battery. After all, you have the right to defend yourself from imminent harm.
To claim self-defense, you typically must show that you were in immediate danger and used reasonable force to protect yourself. However, what if you are the one who started the fight? Can you still argue you were acting in self-defense?
Self-defense may still apply to the initial aggressor
It’s sometimes possible to argue self-defense even if you started the altercation. It all depends on the circumstances of your case. For example, if you attempted to withdraw from the fight or stop the attack, you may regain the right to self-defense.
For example, if you tried to walk away or verbally stated that you no longer wished to continue fighting, but the other person persisted, you could perhaps argue you acted in self-defense. Similarly, a self-defense assertion may hold water if the other person responds to an initial attack with excessive force.
Expect some legal hurdles
Successfully proving your use of force was self-defense can absolve you of criminal liability and spare you the potential legal penalties. However, courts carefully scrutinize cases where the initial aggressor claims self-defense.
Proving that you attempted to pull back from the fight or that the other party’s response was disproportionate can be challenging. Evidence like witness statements, surveillance footage or proof of injuries can be crucial in justifying your actions.
Seeking informed guidance when facing assault-related charges can help you understand your legal rights, make informed decisions and build a strong defense as you navigate the legal process. It can make all the difference in securing a favorable outcome.
